PART A. Instituting Proceedings

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1 PROCEDURES IN SUMMARY CASES 234 CHAPTER 4. PROCEDURES IN SUMMARY CASES Committee Introduction to Chapter 4. PART A. Instituting Proceedings 400. Means of Instituting Proceedings in Summary Cases Means of Instituting Proceedings in Summary Cases Charging Parking Violations Persons Who Shall Use Citations Contents of Citation. PART B. Citation Procedures PART B(1). Procedures When Citation Is Issued to Defendant 405. Issuance of Citation Procedure Following Issuance of Citation Pleas in Response to Citation Not Guilty Pleas Notice of Trial Guilty Pleas. PART B(2). Procedures When Citation Filed 410. Filing of Citation Procedures Following Filing of Citation Issuance of Summons Pleas in Response to Summons Not Guilty Pleas Notice of Trial Guilty Pleas. PART C. Procedures in Summary Cases When Complaint Filed 420. Filing of Complaint Procedure Following Filing of Complaint Issuance of Summons Pleas in Response to Summons Not Guilty Pleas Notice of Trial Guilty Pleas. (372117) No. 477 Aug

2 234 CRIMINAL PROCEDURE PART D. Arrest Procedures in Summary Cases PART D(1). Arrests With a Warrant 430. Issuance of Warrant Procedure When Defendant Arrested With Warrant. PART D(2). Arrests Without a Warrant 440. Arrest Without Warrant Procedure Following Arrest Without Warrant. PART E. General Procedures in Summary Cases 450. Motions [Reserved] Service Collateral Joinder of Offenses and Defendants Trial in Summary Cases Trial in Defendant s Absence Default Procedures: Restitution, Fines, and Costs Withdrawal of Charges in Summary Cases Dismissal in Summary Cases Upon Satisfaction or Agreement. PART F. Procedures in Summary Cases for Appealing to Court of Common Pleas for Trial De Novo 460. Notice of Appeal Stays Trial De Novo. PART G. Special Procedures in Summary Cases Under the Vehicle Code 470. Procedures Related to License Suspension After Failure to Respond to Citation or Summons or Failure to Pay Fine and Costs Disposition Report. PART H. Summary Case Expungement Procedures 490. Procedure for Obtaining Expungement in Summary Cases; Expungement Order. Committee Introduction to Chapter 4: The procedures set out in the following rules governing summary cases (as defined in Rule 103) recognize the importance of prompt notice that a summary offense is being alleged, while also taking account of the minor nature of sum- 4-2 (372118) No. 477 Aug. 14 Copyright 2014 Commonwealth of Pennsylvania

3 PROCEDURES IN SUMMARY CASES 234 Rule 400 mary offenses. Although the law recognizes the possibility of an arrest in some summary cases, it is intended under these rules that a citation will be issued to the defendant except in exceptional circumstances (such as those involving violence, or the imminent threat of violence, or those involving a danger that the defendant will flee). Experience with citation procedures indicates that most defendants will obey summary process in summary cases. The rule procedures here, therefore, are generally designed to favor the least intrusive means of instituting a summary proceeding. The general scheme laid out in these rules is that normally summary cases will be instituted not by arrest, but by a law enforcement officer (as defined in Rule 103) handing a citation to the defendant at the time the offense is committed. There may, however, be situations when it is not feasible to immediately issue a citation to the defendant; in these situations, the law enforcement officer would file a citation with the district justice. In the situations when the affiant is not a law enforcement officer, the affiant would file a complaint with the district justice. When either a citation or a complaint is filed with the district justice, the district justice is expected thereafter to issue a summons to the defendant. Following issuance of process, the rules contemplate that the defendant will respond to the process by either pleading not guilty, after which a summary trial is conducted, or pleading guilty and paying the fine and costs. Unless otherwise provided in Chapter 4 or elsewhere in the Rules of Criminal Procedure, the court case rules are not intended to apply to summary cases. See Committee Reports, 13 Pa.B (October 1, 1983) and 15 Pa.B (July 27, 1985); 465 A.2d Advance Sheets (October 28, 1983) and 494 A.2d Advance Sheets (August 1985). Although these rules set forth procedures that are expected to be used in summary cases before a court or issuing authority dismisses a case for failure to comply with these summary case rules, a determination is required that there is actual prejudice to the rights of the defendant by failure to comply with the rules. See Rule 109. PART A. Instituting Proceedings Rule 400. Means of Instituting Proceedings In Summary Cases. Criminal proceedings in summary cases shall be instituted either by: (1) issuing a citation to the defendant; or (2) filing a citation; or (3) filing a complaint; or (4) arresting without a warrant when arrest is specifically authorized by law. This rule establishes the means of instituting criminal proceedings in summary cases. For general citation procedures, see Chapter 4 Part B, Rules 402 and 403. For the procedures when a citation is issued to a defendant pursuant to paragraph (1) of this rule, see Chapter 4 Part B(1), Rules 405, 406, 407, 408, and 409. (318609) No. 379 Jun

4 234 Rule 400 CRIMINAL PROCEDURE Electronically transmitting the citation information or parking ticket information to the issuing authority would institute proceedings by filing pursuant to paragraph (2) of this rule. For the procedures when a citation is filed pursuant to paragraph (2), see Chapter 4 Part B(2), Rules 410, 411, 412, 413, and 414. For the procedures when a complaint is filed pursuant to paragraph (3), see Chapter 4 Part C, Rules 420, 421, 422, 423, and 424. For the procedures when there is an arrest without a warrant pursuant to paragraph (4) see Chapter 4 Part D(2), Rules 440 and 441. For the procedures regarding the use of arrest warrants in summary cases, see Chapter 4 Part D(1), Rules 430 and 431. For general procedures applicable in all summary cases, see Chapter 4 Part E, Rules 451, 452, 453, 454, 455, 456, 457, and 458. For the procedures for appealing to the court of common pleas for a trial de novo, see Chapter 4 Part F, Rules 460, 461, and 462. For the procedures in summary cases charging parking violations, see Chapter 4 Part A, Rule 401. Although a criminal proceeding may be instituted in these cases by issuing a citation either by handing it to a defendant or placing it on a vehicle windshield, it is expected that many parking cases will be disposed of without a criminal proceeding under these rules. A parking ticket, which is not a citation, is used by a political subdivision and the defendant pays the amount specified on the ticket within the time specified. Summary cases are cases in which all the offenses charged are either summary offenses, as defined in the Crimes Code, 18 Pa.C.S. 106(c), or violations of ordinances for which imprisonment may be imposed upon conviction or upon failure to pay a fine or penalty. See Rule 103. Criminal proceedings in summary cases are to be brought under this chapter of the rules. If one or more of the offenses charged is a misdemeanor, felony, or murder, the case is a court case (see Rule 103) and proceeds under Chapter 5 of the rules. Ordinarily, any summary offenses in such a case, if known at the time, must be charged in the same complaint as the higher offenses and must be disposed of as part of the court case. See Commonwealth v. Campana, 455 Pa. 622, 304 A.2d 432 (1973), vacated and remanded, 414 U.S. 808 (1973), on remand, 454 Pa. 233, 314 A.2d 854 (1974) (compulsory joinder rule) and Crimes Code 110, 18 Pa.C.S See also Commonwealth v. Caufman, 541 Pa. 299, 662 A.2d 1050 (1995). In judicial districts in which there is a traffic court established pursuant to 42 Pa.C.S , when a summary motor vehicle offense within the jurisdiction of the traffic court arises in the same criminal episode as another summary offense or a misdemeanor, felony, or murder offense, see 42 Pa.C.S and Commonwealth v. Masterson, 275 Pa. Super. 166, 418 A.2d 664 (1980). The summary case rules are not intended to prohibit or to suspend any acknowledgment of guilt procedures that may be specifically authorized by statute. See, e.g., Section 926 of the Game and Wildlife Code, 34 Pa.C.S. 926, and Section 925 of the Fish and Boat Code, 30 Pa.C.S Furthermore, the use of a field acknowledgment of guilt pursuant to 34 Pa.C.S. 926 or 30 Pa.C.S. 925 should not be construed as the issuance of a citation for the purpose of instituting a summary case under these rules. See Rules 405 and 410. The Rules of Criminal Procedure generally do not apply to juvenile proceedings. But see the Rules of Juvenile Court Procedure 105 (Search Warrants) and 396 (Bail). The Criminal Rules do apply to proceedings in summary cases involving defendants under 18 years of age to the extent that the Juvenile Act does not apply to such proceedings. See, e.g., Juvenile Act, 42 Pa.C.S. 6302, 6303, and 6326, Vehicle Code, 75 Pa.C.S See also 42 Pa.C.S. 1515(a)(1) and 6303(a)(5) concerning jurisdiction of summary offenses arising out of the same episode or transaction involving a delinquent act for which a petition alleging delinquency is filed. See Section 1522 of the Judicial Code, 42 Pa.C.S. 1522, concerning parental notification in certain summary cases involving defendants under 18 years of age. 4-4 (318610) No. 379 Jun. 06 Copyright 2006 Commonwealth of Pennsylvania

5 PROCEDURES IN SUMMARY CASES 234 Rule 401 Official Note: Previous Rule 51 adopted January 23, 1975, effective September 1, 1975; revised January 28, 1983, effective July 1, 1983; revised December 15, 1983, effective January 1, 1984; rescinded July 12, 1985, effective January 1, 1986; and replaced by present Rules 3, 51, 52, 55, 60, 65, 70, 75, and 95. Present Rule 51 adopted July 12, 1985, effective January 1, The January 1, 1986 effective dates all are extended to July 1, 1986; revised February 1, 1989, effective July 1, 1989; revised January 31, 1991, effective July 1, 1991; revised January 16, 1996, effective immediately; revised June 6, 1997, effective immediately; renumbered Rule 400 and amended March 1, 2000, effective April 1, 2001; revised February 6, 2003, effective July 1, 2003; revised August 7, 2003, effective July 1, 2004; revised April 1, 2005, effective October 1, 2005; revised March 9, 2006, effective September 1, Committee Explantory Reports: Report explaining the January 31, 1991 amendments published at 20 Pa.B (September 15, 1990); Supplemental Report published at 21 Pa.B. 621 (February 16, 1991). Report explaining the January 16, 1996 revisions published with the Court s Order at 26 Pa.B. 437 (February 3, 1996). Report explaining the June 6, 1997 revision published with the Court s Order at 25 Pa.B (June 21, 1997). Final Report explaining the February 6, 2003 revision concerning electronic transmission of citations published with the Court s Order at 33 Pa.B. 973 (February 22, 2003). Final Report explaining the August 7, 2003 changes to the last two paragraphs of the concerning the Juvenile Act and the rules published with the Court s Order at 33 Pa.B (August 30, 2003). Final Report explaining the April 1, 2005 revision concerning Rules of Juvenile Court Procedure published with the Court s Order at 35 Pa.B (April 16, 2005). Final Report explaining the March 3, 2006 revision concerning summary motor vehicle offenses published with the Court s Order at 36 Pa.B (March 25, 2006). Source The provisions of this Rule 400 amended February 6, 2003, effective July 1, 2003, 33 Pa.B. 969; amended August 11, 2003, effective July 1, 2003, 33 Pa.B. 4289; amended April 1, 2005, effective October 1, 2005, 35 Pa.B. 2210; amended March 9, 2006, effective September 1, 2006, 36 Pa.B Immediately preceding text appears at serial pages (310523) to (310525). Rule 401. Means of Instituting Proceedings in Summary Cases Charging Parking Violations. (A) Political subdivisions may use parking tickets to inform defendants of parking violations and to offer defendants an opportunity to avoid criminal proceedings by paying an amount specified on the ticket within the time specified on the ticket. (1) When a political subdivision does use parking tickets and a ticket has been handed to a defendant or placed on a vehicle windshield, a criminal proceeding shall be instituted only if the defendant fails to respond as requested on the ticket. (2) When a defendant fails to respond to a parking ticket, the criminal proceeding shall be instituted either (a) by a law enforcement officer filing a citation with the proper issuing authority, or (318611) No. 379 Jun

6 234 Rule 401 CRIMINAL PROCEDURE (b) by having the parking violation information electronically transmitted to the proper issuing authority. Upon receipt of the citation or the electronically transmitted information, the issuing authority shall proceed as provided in Rule 411, and the case shall proceed in accordance with Rules (B) When a parking ticket has not been used, a criminal proceeding in a summary case charging a parking violation shall be instituted by a law enforcement officer issuing a citation either by handing it to a defendant or by placing it on a vehicle windshield. (1) Upon the issuance of a citation, the case ordinarily shall proceed in the same manner as other summary cases instituted by issuing a citation to the defendant, in accordance with Rules (2) If the defendant fails to respond to the citation, the issuing authority shall issue a summons and the case shall then proceed in accordance with Rules as if the proceedings were instituted by filing a citation, unless the issuing authority has reasonable grounds to believe that the defendant will not obey a summons, in which case an arrest warrant shall be issued and the case shall proceed in accordance with Rule 431. Many political subdivisions use parking tickets and, therefore, many parking cases are disposed of without instituting a criminal proceeding under the procedures of these rules. A parking ticket is a device of convenience to the local government and the defendant. It is not a citation and does not constitute the instituting of a summary proceeding; no enforcement of penalty can be based upon a ticket alone. The amount specified on a parking ticket cannot exceed the fine authorized for the parking violation alleged. There is no specific time that must be specified on the ticket, although, of course, it is advisable that such time be well within the applicable statute of limitations. If the defendant pays the amount specified on the parking ticket within the time specified on the ticket, the case will be concluded without the institution of a criminal proceeding. If the defendant makes no response within the suggested time, or if the defendant indicates a desire to plead not guilty, and the subdivision desires to proceed with the case, a law enforcement officer must determine the identity of the vehicle owner from the Department of Transportation and then institute a criminal proceeding by either filing a citation directly with the proper issuing authority, or having the parking violation information electronically transmitted under paragraph (A) of this rule. Although this rule and Rule 411 do not require that a citation be prepared when the parking violation information is transmitted electronically, a municipality, of course, may continue to have its officers prepare citations as provided in paragraph (A)(2)(a), and also electronically transmit the parking violation information. When a parking ticket is not used and a criminal proceeding is instituted under paragraph (B) of this rule by issuing a citation to a defendant, if the defendant does not properly respond to the citation, the issuing authority must notify the law enforcement officer, who should obtain from the Department of Transportation the name of the owner of the vehicle. The law enforcement officer should immediately furnish this information to the issuing authority, who must then issue a summons or a warrant. See Rule 130 for the proper issuing authority as used in these rules. 4-6 (318612) No. 379 Jun. 06 Copyright 2006 Commonwealth of Pennsylvania

7 PROCEDURES IN SUMMARY CASES 234 Rule 402 Official Note: Rule 95 adopted July 12, 1985, effective January 1, 1986; effective date extended to July 1, 1986; amended July 17, 1996, effective January 1, 1997; renumbered Rule 401 and amended March 1, 2000, effective April 1, 2001; amended February 6, 2003, effective July 1, Final Report explaining the July 17, 1996 amendments published with the Court s Order at 26 Pa.B (August 3, 1996). Final Report explaining the February 6, 2003 amendments clarifying the procedures for electronically transmitting parking violation information published with the Court s Order at 33 Pa.B. 973 (February 22, 2003). Source The provisions of this Rule 401 amended February 6, 2003, effective July 1, 2003, 33 Pa.B Immediately preceding text appears at serial pages (264179) to (264180). Cross References This rule cited in 17 Pa. Code (relating to parking). PART B. Citation Procedures Rule 402. Persons Who Shall Use Citations. Law enforcement officers shall ordinarily institute summary proceedings by citation. It is intended that a wide variety of officials will have the authority to issue citations and shall do so as provided in these rules. Such authority is, of course, limited by the extent of the enforcement power given by law to such officials. Law enforcement officer includes police officer. See Rule 103. Official Note: Previous rule, originally numbered Rule 132, adopted January 31, 1970, effective May 1, 1970; amended and renumbered Rule 52 September 18, 1973, effective January 1, 1974; amended January 23, 1975, effective September 1, 1975; revised April 8, 1982, effective July 1, 1982; rescinded July 12, 1985, effective January 1, 1986 and replaced by present Rule 403. Present Rule 52 adopted July 12, 1985, effective January 1, The January 1, 1986 effective dates all are extended to July 1, 1986; renumbered Rule 402 and revised March 1, effective April 1, Rule 403. Contents of Citation. (A) Every citation shall contain: (1) the name and address of the organization, and badge number, if any, of the law enforcement officer; (2) the name and address of the defendant; (3) a notation if the defendant is under 18 years of age and whether the parents or guardians have been notified of the charge(s); (378301) No. 492 Nov

8 234 Rule 403 CRIMINAL PROCEDURE (4) the date and time when the offense is alleged to have been committed, provided however, if the day of the week is an essential element of the offense charged, such day must be specifically set forth; (5) the place where the offense is alleged to have been committed; (6) a citation of the specific section and subsection of the statute or ordinance allegedly violated, together with a summary of the facts sufficient to advise the defendant of the nature of the offense charged; (7) the date of issuance; (8) a notation if criminal laboratory services are requested in the case; (9) a verification by the law enforcement officer that the facts set forth in the citation are true and correct to the officer s personal knowledge, or information and belief, and that any false statements therein are made subject to the penalties of the Crimes Code, 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. (B) The copy delivered to the defendant shall also contain a notice to the defendant: (1) that the original copy of the citation will be filed before the issuing authority of the magisterial district designated in the citation, the address and number of which shall be contained in the citation; and (2) that the defendant shall, within 10 days after issuance of the citation: (a) plead not guilty by: (i) notifying the proper issuing authority in writing of the plea and forwarding as collateral for appearance at trial an amount equal to the fine and costs specified in the citation, plus any additional fee required by law. If the amount is not specified, the defendant shall forward the sum of $50 as collateral for appearance at trial; or (ii) appearing before the proper issuing authority, entering the plea, and depositing such collateral for appearance at trial as the issuing authority shall require. If the defendant cannot afford to pay the collateral specified in the citation or the $50, the defendant must appear before the issuing authority to enter a plea; or (b) plead guilty by: (i) notifying the proper issuing authority in writing of the plea and forwarding an amount equal to the fine and costs when specified in the statute or ordinance, the amount of which shall be set forth in the citation; or (ii) appearing before the proper issuing authority for the entry of the plea and imposition of sentence, when the fine and costs are not specified in the citation or when required to appear pursuant to Rule 409(B)(3), 414(B)(3), or 424(B)(3); or (c) appear before the proper issuing authority to request consideration for inclusion in an accelerated rehabilitative disposition program; (3) that all checks forwarded for the fine and costs or for collateral shall be made payable to the magisterial district number set forth on the citation; 4-8 (378302) No. 492 Nov. 15 Copyright 2015 Commonwealth of Pennsylvania

9 PROCEDURES IN SUMMARY CASES 234 Rule 403 (4) that failure to respond to the citation as provided above within the time specified: (a) shall result in the issuance of a summons when a violation of an ordinance or any parking offense is charged, or when the defendant is under 18 years of age, and in all other cases shall result in the issuance of a warrant for the arrest of the defendant; and (b) shall result in the suspension of the defendant s driver s license when a violation of the Vehicle Code is charged; (5) that failure to indicate a plea when forwarding an amount equal to the fine and costs specified on the citation shall result in a guilty plea being recorded; and (6) that, if the defendant is convicted or has pleaded guilty, the defendant may appeal within 30 days for a trial de novo. A law enforcement officer may prepare, verify, and transmit a citation electronically. The law enforcement officer contemporaneously must give the defendant a paper copy of the citation containing all the information required by this rule. Nothing in this rule is intended to require the defendant to sign the citation. Paragraph (A)(3) requires the law enforcement officer who issues a citation to indicate on the citation if the defendant is a juvenile and, if so, whether the juvenile s parents were notified. See the Judicial Code, 42 Pa.C.S. 1522, concerning parental notification in certain summary cases involving juveniles. Paragraph (A)(8) requires the law enforcement officer who issues a citation to indicate on the citation whether criminal laboratory services are requested in the case. This information is necessary to inform the magisterial district judge that, in addition to any fines, restitution, or costs, the magisterial district judge may be required to sentence the defendant to pay a criminal laboratory user fee. See 42 Pa.C.S which requires that a defendant be sentenced to pay a criminal laboratory user fee in certain specified cases when laboratory services are required to prosecute the case. As provided in paragraph (B)(2)(b)(i), the defendant may plead guilty by mail only when the fine and costs are set forth in the citation. The law enforcement officer may specify the fine and costs in the citation only when the penalty provided by law does not include a possible sentence of imprisonment and the statute or ordinance fixes the specific amount for the fine. Paragraph (B)(4)(a) provides for notice to the defendant who is under 18 years of age that a summons will be issued if the defendant fails to respond to the citation. Paragraph (B)(4)(b) provides notice to the defendant that his or her license will be suspended if the defendant fails to respond to the citation or summons within the time specified in the rules. See 75 Pa.C.S Paragraph (B)(5) provides a uniform procedure for handling cases in which a defendant returns the fine and costs but fails to sign the citation and, therefore, does not indicate a plea. See Rule 407. Paragraph (B)(6) was amended in 2000 to make it clear in a summary criminal case that the defendant may file an appeal for a trial de novo following the entry of a guilty plea. See Rule 460 (Notice of Appeal). It is intended that the notice to the defendant, required by paragraph (B) to be on the copy of the citation delivered to the defendant, shall be simply worded so the plain meaning of the notice is easily understandable. For consequences of defects in a citation, see Rule 109. (326471) No. 390 May

10 234 Rule 405 CRIMINAL PROCEDURE With regard to the proper issuing authority as used in these rules, see Rule 130. See Rule 401 for procedures for instituting cases in which there is a parking violation. When the parking violation information is electronically transmitted as permitted by Rule 401(A), only a summons is issued as provided in Rule 411. Official Note: Previous rule, originally numbered Rule 133(a) and Rule 133(b), adopted January 31, 1970, effective May 1, 1970; renumbered Rule 53(a) and 53(b) September 18, 1973, effective January 1, 1974; amended January 23, 1975, effective September 1, 1975; revised January 28, 1983, effective July 1, 1983; rescinded July 12, 1985, effective January 1, 1986, and not replaced in these rules. Present Rule 53 adopted July 12, 1985, effective January 1, The January 1, 1986 effective dates all are extended to July 1, 1986; amended February 1, 1989, effective as to cases instituted on or after July 1, 1989; amended January 31, 1991, effective July 1, 1991; amended June 3, 1993, effective as to new citations printed on or after July 1, 1994; amended July 25, 1994, effective January 1, 1995; renumbered Rule 403 and revised March 1, 2000, effective April 1, 2001; amended March 3, 2000, effective July 1, 2000; revised February 6, 2003, effective July 1, 2003; amended August 7, 2003, effective July 1, 2004; amended January 26, 2007, effective February 1, Report explaining the January 31, 1991 amendments published at 20 Pa.B (September 15, 1990); Supplemental Report published at 21 Pa.B. 621 (February 16, 1991). Report explaining the June 3, 1993 amendments published with the Court s Order at 23 Pa.B (June 19, 1993). Report explaining the July 25, 1994 amendments published with Court s Order at 24 Pa.B (August 13, 1994). Final Report explaining the March 3, 2000 amendments concerning appeals from guilty pleas published with the Court s Order at 30 Pa.B (March 18, 2000). Final Report explaining the February 6, 2003 revisions cross-referencing Rule 401 concerning electronic transmission of parking citations published with the Court s Order at 33 Pa.B. 973 (February 22, 2003). Final Report explaining the August 7, 2003 amendments to paragraph (B)(4)(a) concerning juveniles published with the Court s Order at 33 Pa.B (August 30, 2003). Final Report explaining the January 26, 2007 amendments to paragraph (B)(2)(b)(ii) and revisions to the published with the Court s Order at 37 Pa.B. 760 (February 17, 2007). Source The provisions of this Rule 403 amended March 3, 2000, effective July 1, 2000, 30 Pa.B. 1508; amended February 6, 2003, effective July 1, 2003, 33 Pa.B. 969; amended August 11, 2003, effective July 1, 2004, 33 Pa.B. 4289; amended January 16, 2007, effective February 1, 2008, 37 Pa.B Immediately preceding text appears at serial pages (299399) to (299402). PART B(1). Procedures When Citation Is Issued to Defendant Rule 405. Issuance of Citation. When a criminal proceeding in a summary case is instituted by issuing a citation to the defendant: (1) the law enforcement officer who issues the citation shall exhibit an official sign of the officer s authority; and 4-10 (326472) No. 390 May 07 Copyright 2007 Commonwealth of Pennsylvania

11 PROCEDURES IN SUMMARY CASES 234 Rule 406 (2) the law enforcement officer contemporaneously shall give the defendant a paper copy of the citation containing all the information required by Rule 403. A law enforcement officer may prepare, verify, and transmit a citation electronically. A law enforcement officer may issue a citation based upon information that the defendant has committed a summary violation, which information may be received from a personal observation of the commission of the offense; a witness; another police officer; investigation; or speed-timing equipment, including radar. Contrast Commonwealth v. Hatfield, 453 A.2d 671 (Pa. Super. 1982), decided before the adoption of previous Rule 70 (Defects in Form, Content, or Procedure Summary Cases) and the 1983 revision of the previous. It is preferable that a law enforcement officer making a stop for a traffic violation be in uniform. The use of a field acknowledgment of guilt pursuant to Section 926 of the Game and Wildlife Code, 34 Pa.C.S. 926, and Section 925 of the Fish and Boat Code, 30 Pa.C.S. 925, should not be construed as the issuance of a citation for the purpose of instituting a summary case under these rules. See Rule 410. Official Note: Previous rule, originally numbered Rule 135, adopted January 31, 1970, effective May 1, 1970; renumbered Rule 55 September 18, 1973, effective January 1, 1974; rescinded July 12, 1985, effective January 1, 1986, and replaced by present Rule 58. Present Rule 55 adopted July 12, 1985, effective January 1, The January 1, 1986 effective dates are all extended to July 1, 1986; revised February 11, 1989, effective July 1, 1989; revised January 16, 1996, effective immediately; renumbered Rule 405 and revised March 1, 2000, effective April 1, 2001; amended February 6, 2003, effective July 1, Report explaining the January 16, 1996 revisions published with the Court s Order at 26 Pa.B. 437 (February 3, 1996). Final Report explaining the February 6, 2003 amendments concerning issuance of citations published with the Court s Order at 33 Pa.B. 973 (February 22, 2003). Source The provisions of this Rule 405 amended February 6, 2003, effective July 1, 2003, 33 Pa.B Immediately preceding text appears at serial pages (264183) to (264184). Rule 406. Procedure Following Issuance of Citation. Within 5 days after a citation is issued to the defendant, the citation shall be filed with the proper issuing authority. To satisfy the requirements of this rule, the law enforcement officer may prepare, verify, and transmit the citation information electronically. These rules are not intended to require the law enforcement officer who issued the citation to personally file the citation. (382175) No. 502 Sep

12 234 Rule 407 CRIMINAL PROCEDURE It is intended that the citation be filed as soon as is practical so the issuing authority may process the case. However, failure to comply with the 5-day limit is not intended to be grounds for dismissal, unless the defendant is prejudiced by the delay. See Rule 109. With regard to the proper issuing authority as used in these rules, see Rule 130. Official Note: Previous rule, originally numbered Rule 137, adopted January 31, 1970, effective May 1, 1970; renumbered Rule 56 and paragraph (d) amended September 18, 1973, effective January 1, 1974; rescinded July 12, 1985, effective January 1, 1986; and replaced by present Rule 59. Present Rule 56 adopted July 12, 1985, effective January 1, The January 1, 1986 effective dates all are extended to July 1, 1986; renumbered Rule 406 and amended March 1, 2000, effective April 1, 2001; amended February 6, 2003, effective July 1, with the Court s Order at 30 Pa.B (March 18, 2000). Final Report explaining the February 6, 2003 changes concerning the electronic preparation, verification, and transmission of citations published with the Court s Order at 33 Pa.B. 973 (February 22, 2003). Source The provisions of this Rule 406 amended February 6, 2003, effective July 1, 2003, 33 Pa.B Immediately preceding text appears at serial page (264184). Rule 407. Pleas in Response to Citation. Within 10 days after issuance of a citation, the defendant shall notify the issuing authority by mail or in person that the defendant either pleads not guilty or pleads guilty. For the consequences of failure to respond as provided in this rule, see Rules 430 and 431. To notify the issuing authority of the plea, the defendant should sign and return the citation. When a defendant fails to sign the citation to indicate the plea, the issuing authority should record the unsigned citation as a guilty plea. See Rule 403(B)(5). Official Note: Previous Rule 57 adopted September 18, 1973, effective January 1, 1974; title of rule amended January 23, 1975, effective September 1, 1975; rescinded July 12, 1985, effective January 1, 1986, and replaced by present Rules and Present Rule 57 adopted July 12, 1985, effective January 1, The January 1, 1986 effective dates all are extended to July 1, 1986; amended February 1, 1989, effective as to cases instituted on or after July 1, 1989; renumbered Rule 407 and amended March 1, 2000, effective April 1, Rule 408. Not Guilty Pleas Notice of Trial. (A) A defendant may plead not guilty by: 4-12 (382176) No. 502 Sep. 16 Copyright 2016 Commonwealth of Pennsylvania

13 PROCEDURES IN SUMMARY CASES 234 Rule 408 (1) appearing before the issuing authority, entering the plea, and depositing such collateral for appearance at trial as the issuing authority shall require; or (2) notifying the issuing authority in writing of the plea and forwarding as collateral for appearance at trial an amount equal to the fine and costs specified in the citation, plus any additional fee required by law. If the fine and costs are not specified, the defendant shall forward the sum of $50 as collateral for appearance at trial. (B) The issuing authority, upon receiving a plea of not guilty, shall: (1) fix a date and hour for trial; (2) notify the defendant and the law enforcement officer of the date and hour fixed for trial; and (3) advise the defendant that failure to appear for trial shall constitute consent to trial in the defendant s absence and if the defendant is found guilty, the collateral deposited shall be forfeited and applied toward the fine, costs, and restitution, and the defendant shall have the right to appeal within 30 days for a trial de novo. It is intended that the defendant will appear in person before the issuing authority to plead not guilty when the defendant cannot afford to deposit the amount of collateral specified in the citation or the $50 when no amount is specified. A plea entered by mail must be accompanied by the full amount of collateral. See Rule 452. All checks deposited as collateral shall be made payable to the magisterial district number set forth on the citation. When fixing the date and hour for trial, the issuing authority should determine whether the trial must be delayed because the defendant s criminal record must be ascertained prior to trial as specifically required by statute for purposes of grading the offense charged. Paragraph (B)(3) was amended in 2016 to clarify that collateral may be forfeited for the payment of restitution as well as for the fine and costs that have been assessed by an issuing authority. See 18 Pa.C.S. 1106(d) for the authority of a magisterial district judge to impose restitution on a defendant. Official Note: Previous Rule 58, adopted September 18, 1973, effective January 1, 1974; amended to correct printing error June 28, 1976, effective immediately; rescinded July 12, 1985, effective January 1, 1986, and not replaced in the present rules. Present Rule 58 adopted July 12, 1985, effective January 1, The January 1, 1986 effective dates all are extended to July 1, 1986; amended January 31, 1991, effective July 1, 1991; renumbered Rule 408 and amended March 1, 2000, effective April 1, 2001; amended June 10, 2016, effective August 1, Report explaining the January 31, 1991 amendments published at 20 Pa.B (September 15, 1990); Supplemental Report published at 21 Pa.B. 621 (February 16, 1991). Final Report explaining the June 10, 2016 amendments clarifying that forfeited collateral may be applied to restitution published with the Court s Order at 46 Pa.B (June 25, 2016). (382177) No. 502 Sep

14 234 Rule 409 CRIMINAL PROCEDURE Source The provisions of this Rule 408 amended June 10, 2016, effective August 1, 2016, 46 Pa.B Immediately preceding text appears at serial pages (326474) and (380191). Rule 409. Guilty Pleas. (A) A defendant may plead guilty by: (1) notifying the issuing authority in writing of the plea and forwarding to the issuing authority an amount equal to the fine and costs specified in the citation; or (2) appearing before the issuing authority for the entry of the plea and imposition of sentence when the fine and costs are not specified in the citation or after receipt of notice that a guilty plea by mail has not been accepted by the issuing authority pursuant to paragraph (B)(3). (B) When the defendant pleads guilty pursuant to paragraph (A)(1): (1) The defendant must sign the guilty plea acknowledging that the plea is entered voluntarily and understandingly. (2) The issuing authority may issue a warrant for the arrest of the defendant as provided in Rules 430 and 431 if the amount forwarded with the plea is less than the amount of the fine and costs specified in the citation. (3) Restrictions on the acceptance of guilty plea by mail: (a) The issuing authority shall not accept a guilty plea that is submitted by mail when the offense carries a mandatory sentence of imprisonment. (b) In those cases in which the charge carries a possible sentence of imprisonment, the issuing authority may accept a guilty plea submitted by mail. (c) In any case in which the issuing authority does not accept a guilty plea submitted by mail, the issuing authority shall notify the defendant (1) that the guilty plea has not been accepted, (2) to appear personally before the issuing authority on a date and time certain, and (3) of the right to counsel. Notice of the rejection of the guilty plea by mail also shall be provided to the affiant. (C) When the defendant is required to personally appear before the issuing authority to plead guilty pursuant to paragraph (A)(2), the issuing authority shall: (1) advise the defendant of the right to counsel when there is a likelihood of imprisonment and give the defendant, upon request, a reasonable opportunity to secure counsel; (2) determine by inquiring of the defendant that the plea is voluntarily and understandingly entered; (3) have the defendant sign the plea form with a representation that the plea is entered voluntarily and understandingly; 4-14 (382178) No. 502 Sep. 16 Copyright 2016 Commonwealth of Pennsylvania

15 PROCEDURES IN SUMMARY CASES 234 Rule 409 (4) impose sentence, or, in cases in which the defendant may be sentenced to intermediate punishment, the issuing authority may delay the proceedings pending confirmation of the defendant s eligibility for intermediate punishment; and (5) provide for installment payments when a defendant who is sentenced to pay a fine and costs is without the financial means immediately to pay the fine and costs. The rule was amended in 2007 to make it clear (1) that a defendant may not enter a guilty plea by mail to an offense that carries a mandatory sentence of imprisonment, and (2) in those cases in which the offense carries a possible sentence of imprisonment, the issuing authority has the discretion whether or not to accept a guilty plea submitted by mail. Nothing in this rule is intended to require that an issuing authority should proceed as provided in paragraph (C) when the defendant returns the written guilty plea and the fine and costs in person to the issuing authority s office pursuant to paragraphs (A)(1) and (B). The issuing authority s staff should record receipt of the plea and monies in the same manner as those received by mail. Paragraph (C)(4) was added in 2007 to permit an issuing authority to delay imposition of sentence in order to investigate a defendant s eligibility for intermediate punishment. For example, under 42 Pa.C.S and 9804, defendants may be sentenced to intermediate punishment for certain offenses, including summary violations of 75 Pa.C.S. 1543(b) (driving while license is under a DUI-related suspension) but only if they meet certain eligibility requirements, such as undergoing a drug and alcohol assessment. Often this information will not be available to the issuing authority at the time of sentencing, especially when the defendant appears personally to enter a guilty plea. When the defendant was under 18 years of age at the time of the offense and is charged with a summary offense that would otherwise carry a mandatory sentence of imprisonment as prescribed by statute, the issuing authority is required to conduct the summary trial but may not sentence the defendant to a term of imprisonment. See 42 Pa.C.S and 6303 and 75 Pa.C.S. 6303(b). See Rule 454(F) for the information that must be included in the sentencing order when restitution is included in the sentence. For the procedure upon default in payment of the fine or costs, see Rule 456. For appeal procedures in summary cases, see Rules 460, 461, and 462. For procedures regarding arrest warrants, see Rules 430 and 431. Concerning the appointment or waiver of counsel, see Rules 121 and 122. Official Note: Previous Rule 59 adopted September 18, 1973, effective January 1, 1974; rescinded July 12, 1985, effective January 1, 1986, and replaced by present Rule 75. Present Rule 59 adopted July 12, 1985, effective January 1, 1986; amended September 23, 1985, effective January 1, The January 1, 1986 effective dates are all extended to July 1, 1986; amended May 28, 1987, effective July 1, 1987; amended January 31, 1991, effective July 1, 1991; renumbered Rule 409 and amended March 1, 2000, effective April 1, 2001; revised August 7, 2003, effective July 1, 2004; amended January 26, 2007, effective February 1, 2008; revised July 17, 2013, effective August 17, 2013; revised March 9, 2016, effective July 1, Report explaining the January 31, 1991 amendments published at 20 Pa.B (September 15, 1990); Supplemental Report published at 21 Pa.B. 621 (February 16, 1991). Final Report explaining the August 7, 2003 new language concerning defendants under the age of 18 published with the Court s Order at 33 Pa.B (August 30, 2003). (382179) No. 502 Sep

16 234 Rule 410 CRIMINAL PROCEDURE Final Report explaining the January 26, 2007 amendments to paragraphs (A)(2), (B)(3), and (C)(4) published with the Court s Order at 37 Pa.B. 760 (February 17, 2007). Final Report explaining the July 17, 2013 revision concerning mandatory incarceration offenses and juveniles published with the Court s Order at 43 Pa.B (August 3, 2013). Final Report explaining the March 9, 2016 revision concerning the Rule 454 restitution procedures published with the Court s Order at 46 Pa.B (March 26, 2016). Source The provisions of this Rule 409 amended August 7, 2003, effective July 1, 2004, 33 Pa.B. 4289; amended January 16, 2007, effective February 1, 2008, 37 Pa.B. 752; amended July 17, 2013, effective August 17, 2013, 43 Pa.B. 4323; amended March 9, 2016, effective July 1, 2016, 46 Pa.B Immediately preceding text appears at serial pages (326475) to (326476) and (368071) to (368072). PART B(2). Procedures When Citation Filed Rule 410. Filing of Citation. When it is not feasible to issue the citation to the defendant or when evidence is discovered after the issuance of a citation that gives rise to additional summary charges against the defendant resulting from the same incident, a law enforcement officer shall institute a criminal proceeding in a summary case by filing a citation with the proper issuing authority. Filing as used in this rule includes electronically transmitting the citation or parking ticket information. A law enforcement officer should file a citation with the issuing authority when, due to the circumstances of the case, the law enforcement officer is unable to issue the citation directly to the defendant at the time of the offense. Examples of situations when the law enforcement officer would be unable to issue a citation include, but are not limited to, when the officer receives information that the defendant has committed a summary violation from a witness but the defendant is not then present; when a witness is not present at the scene and the officer wants to question the witness before completing the investigation; or when the officer is summoned to another case that requires prompt action. See Section 902 of the Game and Wildlife Code, 34 Pa.C.S. 902, which provides, inter alia, that Deputy Wildlife Conservation Officers shall not be authorized to issue citations... and shall provide the information to the Wildlife Conservation Officer. Under this statute, it would not be feasible for the Deputy Wildlife Conservation Officer to issue the citation, and, therefore, pursuant to this rule, the citation would be filed. When a defendant acknowledges guilt pursuant to Section 926 of the Game and Wildlife Code, 34 Pa.C.S. 926, or Section 925 of the Fish and Boat Code, 30 Pa.C.S. 925, but does not pay the fine and costs or the check issued for the fine and costs cannot be cashed, the officer of the commission should file a citation with the issuing authority to institute a summary criminal proceeding. When determining whether the filing of a citation was the correct procedure under the rules, the courts have considered whether there was a reasonable basis for filing, whether there were compelling reasons to prevent issuing the citation, and whether the defendant was prejudiced by the filing. See, e.g., Commonwealth v. Odle, 16 D.&C. 3d 750 (Cambria County 1980); Commonwealth v. Lombardo, 4 D.&C. 3d 106 (Clearfield County 1977). See also Rule 109 that permits discharge or dismissal when the institution of proceedings by incorrect means is prejudicial to the rights of the defendant. When evidence is discovered after the issuance of a citation that gives rise to additional charges against the defendant resulting from the same incident, the law enforcement officer must file with the issuing authority an additional citation alleging such additional summary offenses, or a complaint when the additional charges include a misdemeanor or felony. For proceedings on such charges when a complaint is filed, see Chapter 5 of these rules. With regard to the proper issuing authority as used in these rules, see Rule (382180) No. 502 Sep. 16 Copyright 2016 Commonwealth of Pennsylvania

17 PROCEDURES IN SUMMARY CASES 234 Rule 411 Official Note: Previous rule, originally adopted as Rule 116 June 30, 1964, effective January 1, 1965; suspended effective May 1, 1970; readopted January 31, 1970, effective May 1, 1970, renumbered as Rule 60 and amended to apply only to summary cases September 18, 1973, effective January 1, 1974; amended April 26, 1979, effective July 1, 1979; amended January 28, 1983, effective July 1, 1983; rescinded July 12, 1985, effective January 1, 1986, and replaced by present Rule 76. Present Rule 60 adopted July 12, 1985, effective January 1, The January 1, 1986 effective dates are all extended to July 1, 1986; revised February 1, 1989, effective July 1, 1989; revised August 13, 1999, effective immediately; renumbered Rule 410 and revised March 1, 2000, effective April 1, 2001; revised February 6, 2003, effective July 1, Final Report explaining the August 13, 1999 revision of the concerning 34 Pa.C.S. 902 published with the Court s Order at 29 Pa.B (August 28, 1999). Final Report explaining the February 6, 2003 revision concerning filing published with the Court s Order at 33 Pa.B. 973 (February 22, 2003). Source The provisions of this Rule 410 amended February 6, 2003, effective July 1, 2003, 33 Pa.B Immediately preceding text appears at serial pages (264187) to (264188). Rule 411. Procedures Following Filing of Citation Issuance of Summons. (A) Upon the filing of the citation, including receipt of electronically transmitted citation or parking violation information, the issuing authority shall issue a summons commanding the defendant to respond within 10 days of receipt of the summons, unless the issuing authority has reasonable grounds to believe that the defendant will not obey a summons in which case an arrest warrant shall be issued. The summons shall be served as provided in these rules. (B) A copy of the citation shall be served with the summons, except in cases charging parking violations when the parking violation information is electronically filed. (C) In cases charging parking violations in which the parking violation information is electronically filed, the summons also shall include: (1) the date, time, and location of the parking violation; (2) a description of the vehicle and the license number; and (3) a description of the parking violation. No fine or costs should be specified in the summons in cases in which the issuing authority determines that there is a likelihood of imprisonment. This rule facilitates the electronic transmission of parking violation information by (1) eliminating the requirement that a copy of the citation be served with the summons in cases in which the parking violation information is electronically filed pursuant to Rule 401(A), and (2) requiring additional information be added to the summons. See Rule 401 (Proceedings in Summary Cases Charging Park- (382181) No. 502 Sep

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